good morning. it's a sunday, september 3rd, 7:00, and a live look outside for you in downtown san jose. that famous purple dome of the

tech interactive there, and cloudy skies, we even saw some drizzle earlier this morning. thank you so much for starting your first sunday of september with us. i'm kira klapper. meteorologist rob mayeda is in for cinthia and joins us with a look at our microclimate forecast as we look forward to hopefully better weather on labor day. >> we'll see more sunshine tomorrow, but this morning starting off with clouds and muggy. 65 degrees, light rain showers off to the south and east of san jose. seeing it there on the radar view. more significant rain from sacramento up toward the sierra. that is a location that will have the heaviest showers. for the bay area, mostly cloudy, a few sprinkles here and there, and a continuation of the high temperatures we saw yesterday. temperatures inland in the valleys in the mid 70s today. closer to the upper 60s around san francisco and 71 in oakland. so as we move out towards the sierra and into nevada where you have burning man black rock

desert, we have to watch this area closely through the late morning and early afternoon hours. forecast brings more heavy rain and the potential of thunderstorms into nevada. this part of the same weather system bringing sprinkles to the bay area. tomorrow, clearing skies and warmer as we head towards monday. we'll take a closer look at that and how warm the temperatures should be coming up in a few minutes. >> see you soon, rob. as rob just mentioned, that destructive weather in nevada's black rock desert will continue today, but it's already proven deadly for at least one person at burning man. the county sheriff's office is investigating a death after those heavy rains soaked the event grounds in the black rock desert. some 70,000 so-called burners are being told to shelter in place, conserve their food, their water, and their fuel, because they're quite literally stuck in this mud.

>> reporter: the black rock desert was a muddy mess saturday. heavy rain left people stranded. >> we've been trying to pack everything down, just try to keep things dry. >> we're conserving food and water. if we don't have some more coffee in the next three days, though, there's going to be a problem. >> reporter: suzanne had planned to get home saturday, but can't. the sheriff's office closed the entrance to burning man for the remainder of the event. but more rain expected in the next few days may delay people's trips back home even longer. >> we're on a lack bed out in the desert, and all of the rain, it's clay. you can't walk through it. it's insane how the mud is. >> reporter: our own photo

journalist has been going to burning man for more than 20 years. >> this is my camp. >> reporter: and he helps run a bike repair shop. >> normally burning man is a lot of biking. there's none of that happening, because this stuff just sticks to everything. so everyone's walking around, we're calling it walking man. >> reporter: the ceremonial burning takes place in the final few nights of the festival has been postponed. tonight, would have been the burning of the man, when an eight-foot wooden sculpture is set on fire. >> i'll be disappointed if i don't get to see it, but it's about the people, it's about the tests you go through and how everybody's generosity comes through, especially in bad circumstances. >> burning man project organizers overnight posted a survival guide for the storm event, including information about bringing in mobile cell towers so burners can get internet access, as well as sending buses to a nearby town

so people who may have walked out of the festival can be picked up and taken to reno. back here in the bay area, and new this morning, one person was killed in a crash on an east bay freeway. it happened just before 2:00 this morning on west bound 580 near the onramp in oakland. the chp says that two cars collided head on. one of them catching on fire. in addition to the person who died, one person was pulled from the wreckage by firefighters. no word on their condition. the cause of the crash is still under investigation. traffic was backed up for several hours as you see there. now all west bound lanes of 580 are back open. also on 580 in oakland, we're working to learn more about a freeway shooting that happened in broad daylight around 4:00 yesterday afternoon. the chp tells us shots were fired hitting multiple cars on 580. when they responded, they found an abandoned car blocking some

west bound lanes of the freeway. they later learned of two people transporting themselves to the hospital with gunshot wounds. the chp tells us those people are expected to be okay. no word yet on any arrests. now to a popular oakland restaurant, struggling to get customers to come back after receiving bad reviews on yelp, not because of the food but because of car break-ins, in the neighborhood. that's why the owners are now investing in a parking lot with security guards and inviting guests to come back. >> reporter: this restaurant in oakland serves mexican food and cocktails, but it's not the menu that's been keeping people away lately. broke into several occasions, costing her $500 in repairs. it's a story all too familiar

for those parking near this business. >> over the past year, it's been horrible. break-ins are happening day, night, multiple times. like, we have team sometimes running out of the restaurant, because their stuff is gone. we have people just dropping stuff off inside saying i found this outside. >> reporter: the manager says clientele dropped by about 30%, and the restaurant started getting a bad rap online. >> we get reviews that people say i had a great time but i'm not coming back because my car was broken into. >> reporter: that's why they have invested in this parking lot across the street, hoping customers can enjoy their dining experience again. that can be an attractive offer for people looking for parking options. this map shows just in the past week four robberies, two auto thefts and three assaults were reported in that area. these stats are concerning for

new businesses like this brewery just a half a mile away. >> there's crime happening and it needs to be addressed. >> reporter: natalie vera, nbc bay area news. this weekend, house speaker kevin mccarthy made his way to the fire disaster zone on maui, becoming the latest high profile politician to visit. he was given an aerial tour of the devastation, then met with federal and local officials. >> i hope maui begins to feel that from all of us, that we are going to be here for you. we know this won't be something to get solved just overnight. we want to do it right. we want to make sure that we find out what went wrong, that it never happens again. >> 115 people are confirmed dead. roughly 400 people remain unaccounted for. joe biden was in florida surveying the damage from another disaster, hurricane idalia. he was briefed on recovery

efforts. notably absent, florida governor ron desantis. desantis suggesting that a meeting with joe biden could hinder disaster response efforts. the president dismissed that idea and promised help for everyone affected. >> i'm here today to thriver a clear message to the people of florida, and throughout the southeast, as i told your governor, if there's anything your state needs, i'm ready to mobilize that support. anything they need related to these storms. your nation has your back, and we'll be with you until the job is done. >> he also addressed the recent shooting in jacksonville, florida, when a white man shot and killed three black people at random inside a dollar general store. biden denouncing the racially motivating crime as a terrorist act, and stressing that racism will not stand in america. back here locally, a health warning from the east bay on this labor day weekend.

beware of mosquitos. health leaders say the risk of west nile virus is higher this holiday weekend. 22 dead birds tested positive for the virus already this year. leaders are asking people to take steps to reduce their risk. be sure to pour out standing water around your homes, scrub the container to get rid of eggs, make sure your doors are in good condition, wear insect repellant if you go outside, and report any dead birds or neglected swimming pools. it's almost 7:10. we have much more ahead. coming up, we take you live to washington, d.c. for our weekly interview with chuck todd ahead of "meet the press."

welcome back. members of congress returned to washington, d.c. and reconvened

on tuesday, from walks from an inpeachment inquiry and government shutdown. please join me in welcoming chuck todd, moderator of "meet the press." hi, chuck. thank you for joining us this morning. we aired "meet the press"before our news cast today, which is unusual for us. i saw that you had guests from both sides of the aisle. both sides are now vying for the white house, and there's even talk of a third party. so how can congress sit together this coming week and agree on a singular direction for our nation? >> i think it's going to be a mess here in washington, and i know that doesn't come across as a surprise to the viewers we are talking to, because they feel as washington has been dysfunctional essentially for most of the 21st century. but we'll get an extra dose this week, because we have a whole

bunch of things that are coming together that put us at some sort of breaking point in some form. you've got -- we have government funding that, if congress doesn't pass anything, government runs out of money, we have a shutdown september 30th. you've got some house republicans very supportive of the former president, would like to see an impeachment inquiry open. they want to have an impeachment investigation of biden as counterprogramming to these trials, some of which may start in atlanta in october. then you have the issue of mitch mcconnell's health, as one of the key leaders that sort of keeps congress from going totally into the ditch sometimes. so there's a lot being asked of congress, and i don't know if they can meet this moment in the next 30 days. but it's going to be a mess. >> a lot to look at. and even looking at the age limits. you know, if you have to be 25 to even join congress, should

there be an age cap where we are looking at our own california senator dianne feinstein. so that will be interesting to look at mitch mcconnell and hoping they're all healthy and okay, but should they move out of the way and graciously offer that position to someone else? >> look, if they were a school bus driver, they would be asked to step aside. a ceo of a company, he would probably be stepping aside. it is interesting that this appears to be the one job where you don't have to do that. i think that's why it's a bad look. >> a lot to look forward to. thanks, chuck, as always, for joining us this morning. if you did miss "meet the press"at 6:00 a.m., you can catch chuck todd online on "meet the press," as well as on peacock. coming up in about 30 minutes, we'll talk to political

analyst larry gerston for our weekly segment and look at those recent health concerns over some members of congress and whether you can be too old to be an elected official. now to this daring rescue at high tide. this video taken yesterday afternoon in santa cruz. the surfing spot called the hook, it was busy because of the long weekend, but the tide came in quickly and violently. several surfers were at risk of crashing against the cliff face. firefighters responded to at least six rescues. they used jet skis to bring those surfers in safely. san francisco's chinatown was packed yesterday for its annual car show and parade as the city explores different ways to boost the economy in the city. merchants say events like this make a difference. festivities drew large crowds to the neighborhood, many of whom

who shopped at nearby stores. the goal, to remind people of what chinatown has to offer. >> visitors have come back to check out new things. so this is to boost our economy, of course. >> one shop owner says visitors to the area have been steady. there is some indication it's improving in the city. the country's biggest 3 x 3 basketball tournament was set up outside chase center yesterday. nba legend kevin garnett founded the hook it up tournament. anyone 8 and older was invited to participate in the popular basketball recreational division. three of the harlem globetrotters made a special appearance, cheering on the competitors. >> it's amazing to be out here. i'm around basketball at this event called hoop it up. i see kids out here. i see gramps out here, males and

females. >> get this, the winners of the men's pro-am division are getting a travel voucher to attend a national competition and can try out for the santa cruz warriors. that's the warriors g-league team. if you are looking to get out today, we have some ideas for you in this morning's weekend calendar. >> this morning, mera. i'm going to start with a good road call, the great highway. sundays at the beach, they're free, bring your own chair or mat. the activity locates, so today is something called chair yoga at 2:00 p.m. check out great highway park on instagram. now let's head south where there's no location, the art and wine festival is always on a saturday and sunday before the labor day holiday.

it boast live music and entertainment, almost 300 artists and crafters, with exhibits on health and fitness, gourmet food, beer, and wine. but if you are looking for something a little more exotic, we'll go east until you see the kilts at the scottish highland gathering and games at the alameda fair grounds with celtic dancing, food, drink, events you may have never seen before, including a chance to try the famous hagus, something you eat for some plus whiskey tasting for adults. we'll keep you moving through your morning here on "today in the bay." now we turn to the forecast with meteorologist rob mayeda who is in for cinthia. saw some drizzle coming in this morning. there's a lot of fog behind us. >> it's a little muggy, too. 60s outside, cloudy skies, light rain and drizzle. so the unusual weather continues

for one more day. but tomorrow we should see the temperatures climbing back to the 80s. here is a view of san jose where we have had a little bit of drizzle at times. cloudy skies to start. over to the trivalley view here. 62 degrees. this has been the drizzle and light rain magnet for the last couple of days, seeing it there friday and yesterday. we'll go 3 for 3 today with a few more sprinkles. a few breaks in the clouds. sfo this morning, 61 degrees, looking at the chance of drizzle. mostly 60s to start the morning off. you can see on the satellite view, the breaks in the clouds we're seeing off to the west, but still, the ongoing showers which, for the most part, have been around the east bay hills towards san jose. like yesterday, the more significant showers will be staying off towards the east

into the sierra, and northwestern nevada. we'll be watching the area again around the burning man area. watch the progression and the future cast. the potential of heavy rain lifting north from reno, from mid afternoon to about early evening. then the shower activity starts to wind down with drying conditions settling in across california. so for the rest of the day today, mostly cloudy skies. some breaks in the clouds, more sunshine for the afternoon with highs after these morning lows climbing just to the mid 70s inland. average highs this time of the year should be in the upper 80s. nowhere near that today. 73 in san jose. 68 in san francisco. so tomorrow morning, we've got the low clouds, but unlike today, no showers, and a lot shore sunshine. now monday's highs, back into

the 80s inland. low to mid 80s over to fairfield. closer to 70 in san francisco and mid 70s into oakland. and just a slight warming trend towards the middle part of the week. tuesday and wednesday, mid 80s inland. close to 80 in san jose and second half of the week, might warm up little bit. notice high pressure being held in check. we have weather systems passing by to the north. doesn't look like we will see rain chances here, so we're happily between the two with storms to the north, high pressure staying south, and temperatures climbing ever so slightly towards the end of the week, heading towards the next weekend. san francisco, next weekend you were probably expecting for this labor day weekend. things warm up for the valleys. chances of getting closer to 90 by next saturday. if you are looking for just 80s

and more sunshine, things are looking better for that. >> looks nice to see that warmup there. rob, thank you so much. our producer, dana, said we have a little bit of extra time, so we want to do something we rarely do, give a special shutout to your special, talented wife, whose birthday is today. >> i'm in early, so hopefully we can enjoy part of the weekend. >> sorry to interrupt there. mother of twins, she does it all. >> she does, and deals with me, too. >> that's hardly of a chore. sarah, happy birthday to you. just shy of 7:23. much more ahead on "today in the bay." coming up, a home run clinic in san diego. but it wasn't good for us. giants getting hammered by the padres. we have the highlights, or low lights. and the a's at home against t and the a's at home against t hean introducing togo's new frech dip sandwiches.

featuring fresh artisan bread piled high with tender roast beef, smothered with melty provolone cheese, just enough chipotle mayo and served with hot au jus for dipping. try the roast beef or pastrami french dips today. only at togo's.

welcome back. the giants were in san diego for game three against the padres with their rookie sensation kyle harrison on the mound. first inning, juan soto unloads. take a look here. that ball is gone. the padres take a 1-0 lead. giants announcer said harrison may have been feeling the effects of his 90-pitch outing earlier this week. 2nd inning, zander bogaerts with that home run. 2-0, padres. then gary sanchez with another homer. and in the 6th, garrett cooper, who, by the way, i grew up with. hits a three-run homer. new to the padres from miami this season, not good for our giants. padres win 6-1. a couple of youngsters chining for the oakland a's, and it was enough for a win for

shohei ohtani and the los angeles angels. the a's only got five hits, but that was one of them, off the bat of brent rooker, his 23rd of the season. in the 4th inning, the a's would not need any more than that, because paul blackburn went five innings for the win. and four relievers came in to shut down the angels. ohtani was 0 for 2 with three walks, two were intentional. and a reminder, can you believe it, the nfl season kicks off this week. you can watch the season opener right here on nbc bay area. the lions take on the chiefs. our coverage begins at 4:00 p.m. on thursday. so hopefully you can get out of work early for that. 7:27 right now. much more ahead. coming up, did you hear about this muddy mess in the nevada desert? now we are learning that burning man has turned deadly. what investigators are telling

us coming up next. plus, the man behind that mysterious land purchase, he says you should embrace his plan for a new city. a plan that's also raising so concernsme.

good morning. it is sunday, september 3rd. it's 7:29, and this live look outside at san pedro square market in san jose, you can see some cloudy skies up above. maybe the sunshine trying to break through on this labor day sunday. thank you so much for starting it with us. i'm kira klapper. meteorologist rob mayeda is in for cinthia, with a look at our microclimate forecast, and you say it will be similar to yesterday. >> yeah. day two of the cloudy skies and some rare drizzle and lights. shower chances around the bay area for your sunday. 65 degrees in san jose, and very close to downtown san jose, but

seeing a few sprinkles, going from south to northeast, as you can see the regional radar view, more significant showers, and even some thunder already this morning out towards the central sierra. so around the bay area today, you have the cloudy skies to start. should get a little more sunshine. we'll trend to partly cloudy later this afternoon. the ongoing chance of drizzle and light rain showers at times, today's highs, low 70s around san jose. upper 60s for san francisco. and mid 70s out towards the east bay valleys. another area we're watching is up towards the sierra and the black rock desert where burning man is ongoing. the threat of thunderstorms is in the forecast with flood watches up for much of northern and central nevada during the day today. notice the trend into monday will be drier after another day of heavy rain at times. more on the drying trend here coming up. >> rob, thank you. we'll see you again soon.

as rob just mentioned, that dangerous weather at burning man is expected to continue today, and it's already proven deadly. the pershing county sheriff's office is investigating a death after heavy rain soaks the grounds, causing this muddy mess. the sheriff's office says the victim's family has been notified. upwards of 50,000 so-call burners are being told to shelter in place and conserve their food, water, and fuel, because they are all literally stuck and could be for the next couple of days. the bureau of land management and the pershing county sheriff's office closed the entrance to burning man for the remainder of the event, which is supposed to wrap up tomorrow. right now, only emergency vehicles are being allowed to drive in the event space. that ceremonial burning of art that takes place in the final few nights has been postponed. this guy, our own photo journalist josh kepel, has been

going to burning man for more than 20 years. he helps around the inflation station, a bike repair shop. >> normally, burning man is a lot of biking, and there's none of that happening because this sticks to everything. so everyone is walking around, we're calling it walking man. >> burning man organizers say they brought in mobile cell towers to provide internet overnight, and they are putting buses in the nearby town of gurloch, so people can be bussed to reno for safety. back here in the bay area, and new this morning, one person was killed in a crash on an east bay freeway. it happened just before 2:00 this morning on west bound 580 in oakland. the chp tells us that two cars collided head on. one of them catching fire. in addition to the person who died, one person was pulled from the wreckage by firefighters. no word right now on their

condition. the cause of that crash is still under investigation, but traffic, as you see here, was backed up for several hours. all lanes of west bound 580 in oakland are back open. a major repaving project on interstate 80 over this long holiday weekend is taking its toll on more than just drivers. it's also hurting workers and businesses that would typically be making a lot of money this holiday weekend. the good news is, we're told the project is on schedule. >> reporter: this is what cal trans is promising drivers when they return to work on tuesday morning. nice, smooth pavement, all the kay from vallejo to hercules. as they tear up the old highway and completely repave the entire section. a complete face-lift for i-80 across the bridge here, from

vallejo and crockett, all of it being done over the labor day weekend. >> caltrans is compressing more than 100 nights in a holiday weekend. so that's significant. and then obviously, in doing that, we're having to avoid having overnight closures for all of those nights. >> reporter: avoiding more than 100 nights of closing and reopening the entertainment. and because caltrans says the west bound traffic is traditionally lighter over the weekend. but for this restaurant, this is supposed to be a big weekend. >> this is normally our third or fourth best weekend of the year. it's now going to be our worst. >> reporter: people are just not showing up for reservations. since thursday, business hasst down 75%, and he is expecting big losses over the weekend. >> i would say at least $100,000

over the weekend, maybe more so. >> reporter: caltrans says businesses that do lose money can apply for relief from the state. >> that's within their right to do, file a claim, they would have to open their books. once they do to the state auditor, they would obviously go through that claim and then, you know, assess it. >> reporter: and the gm at the dead fish says the restaurant will apply for that relief after assessing the final losses after the weekend. the project is on schedule to be completed at 5:00 a.m. tuesday morning. tom jenson, nbc bay area news. now to this. for years, it was a mystery land grab in solano county. and now we are getting answers from the man who plans to build a new city near travis air force base. he's a former goldman sachs trader and partnering with some silicon valley billionaires, who want to build a model city.

jodi hernandez has this interview. >> this is not about me, but about the future of solano county and what we can do here. >> reporter: meet the man behind the mystery. a former goldman sachs trader, who has come out of the shadows to begin meeting with local and federal officials this week, revealing plans to build a new city in solano county. >> we are very excited about it. i know there's been a lot of concern and speculation, but we think this is a good plan. >> reporter: he's the ceo of california forever, the parent company of flannery associates. flannery has bought more than 50,000 acres of land surrounding travis air force base. some deep pocket silicon valley tech investors have bought into the project, as well. spending more than $800 million so far. newly released renderings depict a community with walk about neighborhoods, shopping, dining,

renewable energy and open space. >> do i trust him? no, not at all. >> reporter: but this congressman says it just doesn't add up. he met with them today. he says there are far too many unanswered questions, including whether foreign investors are involved, and who they are. >> show me the cards. show me the cards that are in your hand. i'll look at those cards. is there a joker there? don't know. >> reporter: he says his prime concern is the impact and security of travis air force base. >> they in any way, fail to protect travis air force base and its mission, this community would rise up and smack them down. >> reporter: infrastructure issues, including transportation and water, are expected to be huge hurdles. he says the group plans to put an initiative on the ballot in november of 2024 that would allow them to rezone the land. he's urging the public not to be

pooled by their promises. >> ilistened to one of the very best salesmen i've ever run into. we'll see what he is selling and what he delivers. are they the same? i have my doubts. >> reporter: but he insists his vision assures better days ahead for the region. he says community members have been reaching out in support. >> we've been very encouraged by number of people who said i know there's a lot of skepticism, but this is an outstanding idea and given me new hope and now i want to stay and work with you. >> reporter: so far, california forever has not released a timeline, but the congressman says the project could take decades. he is urging the group to be fully transparent. he says the project not only impacts solano county, but all of northern california. i'm jodi hernandez, nbc bay area news. >> jodi with that interview for

us. up next, nbc bay area responds. >> you reserved your hotel and your flight, but have you reserved your spot in the tsa line? in some places, you can and seav

>> >> as the weekend continues, san jose 65 degrees, mostly cloudy and at times a little drizzle earlier this morning. 62 in livermore, expecting more sprinkles at times today and a little fog in san francisco where we are seeing 60 degrees. another day where we will have those isolated shower chances, drizzle at times. tomorrow, things clear out for the afternoon. we should trend warmer, slowly water as we head through the week. keep in mind, this time of year

any rain chances are unusual. technically the tail end of the dry season. october, november, we see those rain opportunities go up. but that's climatology, what the averages say. here's the reality, what we are dealing with this morning. light showers passing by the south bay. more significant showers off to the east. we'll talk about that in a moment. around san jose, a lot of clouds and some mist at times. but the bigger raindrops out here at these storms building off to the east. in fact, off starts the sierra, seeing thunderstorms, approaching reno. likely to see more heavy rain at times. around the bay area, the opportunity is there for a few isolated showers at times through the day. as we head towards monday, we'll see some drier conditions. mostly cloudy skies to start. we should transition to partly cloudy skies heading towards the afternoon. look at these high temperatures still in the 70s for another

day. low 70s around san jose. 68 for san francisco. mid 70s inland for the tri valley for today. tomorrow, more clouds but sunshine in the afternoon. shower chances move off to the east and that warming trend kicks in just in time for monday. so back into the mid 80s around fairfield. san francisco and oakland, not much change through the middle part of the week. it's the inland valleys seeing temperatures trying to climb up closer to the averages. second half of the week, temperatures climbing towards next weekend. so summer weather on hold for the unofficial end of summer weekend. this weekend, we should get more sunshine tomorrow for labor day monday. next weekend, more typical summer weather for us. 90s could be in reach by next saturday. >> sounds about right for september.

rob, thanks so much. rob, thanks so much. it's introducing togo's new frech dip sandwiches.

featuring fresh artisan bread piled high with tender roast beef, smothered with melty provolone cheese, just enough chipotle mayo and served with hot au jus for dipping. try the roast beef or pastrami french dips today. only at togo's.

welcome back. we have breaking news out of the south bay, where one person was killed in san jose in what police are calling a car versus pedestrian crash. it happened just before 3:30 this morning on south winchester boulevard near wall grove way. police are asking the public to avoid that area while they continue to investigate. we're going the turn now back to our holiday labor day weekend. if you are flying for the weekend, you might get lucky at an airport with a brand new system that lets passengers prereserve a spot in the security line for free. consumer investigator chris kimura shows us how and where. >> reporter: the program we're talking about is called clear reserve. it's your ticket to bypass the tsa line. you reserve a time slot in

advance to clear airport security. when we made this video, clear reserve was available at these 18 airporting. sorry, san francisco bay area, no sfo or oakland yet. i used it in orlando. let mess show you how easily it worked. the day before my flight, i went to clearme.com. i clicked for you at the top and reserved. i tried to book seven days out but wouldn't let me. the booking window varies by location. the rest of the process only took about 90 seconds. i shared basic information, my name, destination, flight number and how many people were in my party. side note, ten, that's the max. next, clear asked me when i wanted to career the security checkpoint. i had a 6:00 a.m. flight, so i asked for a 5:00 a.m. slot. clear emailed me a qr code, my ticket to bypass the line. i just showed it to a clear

repwho directed me to the line. i was first in line, and i was either about 200 people in the regular tsa line. try to be on time. clear only holds the reserve spots for 20 minutes after your reservation time. after that, you're back in the regular line. >> christopher, always with the great information for us. thanks, chris. this past wednesday, 81-year-old senate republican leader mitch mcconnell was temporarily unable to answer a reporter's question. it's the second time he's frozen like that in the last five weeks. and here in california, observers have worried about senator dianne feinstein, who at 90 has shown signs of infirmary. this raises the question, when is one's age too old to perform in elected office? nbc bay area political analyst larry gerston is here. hi, larry. as always, great to see you. i am going to self-correct. i said you need to be 25 to be in congress.

it's 25 in the house, 30 in the senate. so is there a point at which we say okay, if you need to be this old, 25 or 30, do you also need to be under this age limit? >> kira, this is touchy. it sure is an ageism, some people call it, and it's also difficult. it's difficult to quantify these types of things. if you think about it, 81, mcconnell, 90 mine stein. okay, they're older, but think about chuck grassley of iowa, who is 90 years old and running like crazy. and then john fetterman from pennsylvania, he's recovering from a stroke, hardly very effective. so an older guy, a younger guy. spanning four decades. it's hard to say. >> and what about, you know, the two leading contenders for the presidency? joe biden is what, 80?

and former president donald trump is 77. >> good job. >> thanks. they both seem, you know, healthy enough now. but should we be concerned four years into the future? >> maybe so. they look healthy, you're right, but the very fact is, these folks will be a lot older if they get elected to president. biden would be 86 when it's over, trump, 83. again, people have to wonder about these things. 75% of the voters don't want to see biden run for re-election. why? because for many of them, it's his age. and for the republicans, it's 69%. so clearly, supermajority of this country are worried, and much of them worry about the age. >> of course, we want to be sensitive to the idea that this is ageist to be talking about this. but some people have proposed sort of mental tests, mental fitness tests. do you think that would be a helpful solution?

>> nikki haley has proposed this mental acuity test. at age 75. i wonder how many people would pass that in congress? but that would depend on how it's organized, what kind of prejudice is there in that test. and then the other question of come up with an age ceiling no matter what, can you do that? in both cases you have a question is it constitutional? the constitution sets out the requirements for someone to be elected president. those things are not. many of the constitution is next to impossible. so when you look down at all these possibilities, at the end, it comes down to us. you, me, the voters. why is that the case? because at the end of the day, we're going to choose the nominees and choose the candidates. we have a voice here, and if for some people age is the issue, they have to think about that. but it's not as if we have no choice in this. do we take our responsibility as part of it? >> i just want to add that as someone who has children and is

still in their 30s, my mind isn't even as sharp as it used to be. so sometimes it's not even about age, it just depends on the person. all right, larry, thank you for joining us this morning. it's 7:52. up next, a look at the stories we are fol e loing, including stuck in the desert. the burning manifest value has turned deadly. what we know as festivalgoers are being told to stay put and are being told to stay put and

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welcome back. here's a quick look at the stories we are following on this sunday morning. in nevada, the sheriff's office in pershing county is investigating a death at burning man after heavy rains soaked the area. tens of thousands of burners are stuck, sheltering in place. they're being told to conserve food, water, and fuel because it's unclear when they can get out. the festival was supposed to end tomorrow, labor day. the bureau of land management and the sheriff's office closed the entrance to burning man for the remainder of the event. organizers overnight have brought in mobile cell towers for phone and internet and they're dispatching buses to a nearby town so people who walked out of the camp grounds can be bussed to safety in reno. we're going to go back to breaking news out of the south bay, where one person was killed

in san jose in a car versus pedestrian crash. it happened just before 3:30 this morning on winchester boulevard. police are asking people to please avoid that area while they investigate. back to the labor day holiday. a major highway shut down. i-80 is still closed down. cal trains is working around the clock and says it's hoping to squeeze in months of work into just these four holiday weekend kays. so far, everything on schedule to reopen tuesday morning. here are some detour routes. drivers are being directed to east bound 780, toward concord and west bound highway 4.

you can reenter highway 80 in hercules. rob has one last look at the forecast. >> a chance of seeing some drizzle or a few light showers for the midpart of the day. but we do get some partly cloudy skies in the afternoon today, with highs in the 70s inland. more sunshine tomorrow just in time for labor day monday with 80s and trending warmer through the week. >> nice but it will be clearer for tomorrow. yeah. our last day before everyone goes back to school and to work. rob, thanks so much. and thank you to all of you for making us a part of your morning. we'll have more local news for you tonight, and we are always on at nbcbayarea.com. hope you have a greatest of r

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